Thomas Port wrote his will on 22 November 1776. In March 1777, Mrs. Frances Port was issued Letters of Administration by the Court of Ordinary. In his will he left everything to his wife and after her deceased all the Real estate and half of the personal estate be sold and divided equally among the children share and share alike.
However, at probate, the Will and sanity of Thomas Port was questioned and rather than probating the Will the Ordinary Judge Burrows issued a dedimus protestatum directed to F. Britton and S. Nesmith.
dedimus potestatem-- a writ to commission a private person to perform some act in place of a judge (as to examine a witness)
Then, after the issuance of the dedimus potestatem the Judge also granted Frances Port Letters of Testamentary in March 1777.
Frances Port died in 1811 leaving her Will to be executed. The children of Thomas and Frances have left grandchildren to claim a portion of their grandparents estates.
Her (Frances Port) death resulted in a lawsuit “Joseph Davis and others, Legatees of THOMAS PORT v. The Legatees of Mrs. FRANCES PORT” in an attempt to get the Thomas Port Will probated.
The APPEAL CASE was argued 25th April 1815, by BLANNING for the appellants, and S. MILLER, contra.
The court case is very interesting but the lawsuit was rejected with the following comments “ The judgment of the Ordinary upon a Will in common form cannot, after 30 years, be controverted by a petition to prove the Will in Solemn form.”
Shortly after the ruling by the Courts, Henry Davis, Jr. executed the following “DEED OF GIFT.”
DEED OF GIFT HENRY DAVIS, JUN'R TO BENJAMIN DAVIS
South Carolina}
Marion District} Know all men by these presents that I Henry Davis, Jun'r in consideration of the Affection which I have for My relation Benjamin Davis do Give & release unto the Said Benjamin Davis all my rights Title Interest & Claim which I could have In that part of Thomas Port Will left to Frances Port During her natural life according to Said Thomas Ports Will to have & to hold all Such rights Title Interest & Estate to him & To his heirs forever In Witnefs whereof I have hereunto Set my Hand & Seal this 30th October 1817. Henry Davis Jun'r
Signed in the presence of
J. B. Godfrey
B. F. Godfrey.
South Carolina}
Marion District} Personally appeared before Me Austin Stone one of the Justices of the peace of said District John B. Godfrey who being duly sworn declareth that he saw Henry Davis Jun'r Sign & deliver the within instrument of writing for the uses and purposes therein contained and that Benj. F. Godfrey was a Subscribing Witnefs To the Same JB Godfrey. Sworn before me this 30th Oct. 1817. Austin Stone J.P.
Marion County
Register of Deeds
Deed Book G, page 57
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLV-5V1P?i=464&cat=472601
We know from this lawsuit that Letters of Testamentary were issued to Mrs. Frances Port in March 1777. So, on that date we know that Thomas Port was deceased and that he died sometime before March 1777.
We know from Thomas Port Will that he wrote his Last Will and Testament on 22 November 1776.
Thus, we have narrowed Thomas Port death to have occurred between 22 Nov. 1776 and March 1777.
In the lawsuit it is stated that Frances Port died in the year 1811. The Marion County Probate Minutes for this time period makes no mention of her death.
There are 1419 trees on Ancestry that shows Thomas Port death. Of the First 70 listed there are 69 with a death date of 16 Dec 1815 and one with 1780. I will never understand why anyone would spend so much time copying information without verification and without doing the research themselves.
If you would like to read the entire lawsuit it starts on Page 197 of this link
Page 197
Or page 505 of this link
Page 505
________________________________________________
page 197
Page 505
SOURCE: Reports of Judicial Decisions, in the State of South Carolina From 1793 to 1816, South Carolina Courts, Joseph Brevard, Vol. III, 41 Broad Street, Charleston, SC, 1840. [Davis, et. Al. v Port]
Your research always inspires me!
ReplyDeleteThanks, Colleen
ReplyDelete